What was the outcome of Tenancy Tribunal case 4892564?

The tribunal order states: Kāinga Ora–Homes And Communities is granted possession of the premises at

How much money was awarded in case 4892564?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4892564?

The primary dispute was Healthy homes.

Where can I read the official tribunal order for case 4892564?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10575180-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4892564?

The tribunal order states: Kāinga Ora–Homes And Communities is granted possession of the premises at

How much money was awarded in case 4892564?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4892564?

The primary dispute was Healthy homes.

Where can I read the official tribunal order for case 4892564?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10575180-Tenancy_Tribunal_Order.pdf.

41 Potter Avenue, Wesley, Auckland 1041 Tenancy Tribunal Case 4892564 — Healthy homes

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Reasons

Both parties attended the remote teleconference hearing on 1 July 2024.

The landlord has applied for possession of the premises following the termination of the tenancy.

The landlord is a social housing provider. The landlord served the tenant a 90 day notice (dated 1 February 2024) to terminate the tenancy because the tenant had not provided access for Healthy Homes interventions to be completed.

The tenancy ended on 6 May 2024, which is less than 90 days ago.

The tenant has not left the property and the landlord has applied for termination of the tenancy and possession.

Notice was served on the tenant pursuant to section 53B of the Residential Tenancies Act 1986 (“RTA”) which enables the landlord to terminate a periodic tenancy on 90 days’ notice if the landlord requires the tenant to transfer to different social housing. The section requires the transfer to be “necessary or desirable for any reason; and that the other housing is appropriate for the tenant’s housing needs as most recently assessed...”.

The landlord requires the tenant to transfer to different social housing and considers the transfer to be necessary or desirable. The landlord requires access to the premises to carry out work required to meet its Healthy Homes Standards compliance obligations. The tenant, despite repeated requests for access, has denied access to the landlord.

The landlord says the main access issue reason is hoarding: Miss Love needs to clear the subfloor where she stores belongings to allow trades to install the Ground Vapour Barrier (GVB). She is yet to do this despite every effort by the Housing Support team to assist.

Other housing appropriate to the tenant’s needs is available.

I am satisfied that the landlord’s application is properly made out. I am satisfied that the requirements of section 53B RTA have been met and the application by the landlord for a possession order pursuant to section 64 RTA is satisfied.

The landlord is entitled to terminate the tenancy and possession and I make that order accordingly. I

The tenant advised that the proposed other housing is not appropriate. It appears her personal circumstances have since changed and she now requires a bigger home. In the circumstances, I have deferred possession for the tenant to seek that MSD conduct a further assessment.

Reasons

Both parties attended the remote teleconference hearing on 1 July 2024.

The landlord has applied for possession of the premises following the termination of the tenancy.

The tenancy ended on 6 May 2024, which is less than 90 days ago.

The tenant has not left the property and the landlord has applied for termination of the tenancy and possession.

Other housing appropriate to the tenant’s needs is available.

The landlord is entitled to terminate the tenancy and possession and I make that order accordingly. I

Tenancy Tribunal case 4892564 — Healthy homes at 41 Potter Avenue, Wesley, Auckland 1041

At a glance

Tenancy Tribunal case 4892564 — Healthy homes at 41 Potter Avenue, Wesley, Auckland 1041

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions